YOUTH LEGAL CENTRE
Weapons and Implements
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Firearms
It is an offence to use or possess a firearm without a licence or permit (Firearms Act
section 7).
A firearm is in your “possession” if it is in your care, control or management, or if it is in
or on any premises (which may include a car) owned, leased or occupied by you.
Max penalty: 14 years imprisonment for a prohibited firearm; 5 years in any other case.
There are also offences relating to selling firearms, storing them in an unsafe manner,
carrying them in public places, etc. These all attract serious penalties.
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Prohibited weapons
It is an offence to possess or use a prohibited weapon without a licence or permit.
(Weapons Prohibition Act section 7).
Prohibited weapons include replica firearms (including some that most people would
regard as toys), spear guns, certain kinds of knives (e.g. flick knives and butterfly
knives), and other items such as lasers, chemical defence sprays, nunchakus,
crossbows, slingshots, whips and knuckle-dusters.
Max penalty: 14 years imprisonment.
3
Knives
It is an offence to carry a knife or blade in a school or public place, without a
reasonable excuse (Summary Offences Act section 11C).
This can include a blade such as scissors or a razor blade. A reasonable excuse may
include carrying a knife for purposes such as work, lawful recreation (eg fishing),
preparation of food, or genuine religious purposes. Self-defence is not a reasonable
excuse for carrying a knife.
Max penalty: $2,200 fine and/or 2 years imprisonment.
Wielding a knife in a public place or school, in a way that is likely to cause people to
fear for their safety (Summary Offences Act section 11E)
Max penalty: $5,500 fine and/or 2 years imprisonment
Parents who allow children to carry knives can be convicted of an offence even if the
child is not prosecuted (Summary Offences Act section 11D).
Max penalty: $550 fine
It is an offence to sell knives to children under 16 years of age unless the seller
believes on reasonable grounds that the child is 16 or over (Summary Offences Act
section 11F).
Max penalty: $5,500 fine
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Weapons
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Offensive implements
A person must not, without reasonable excuse, have in his or her custody an offensive
implement in a school or public place (Summary Offences Act section 11B).
An offensive implement is anything made or adapted for causing injury to a person, or
intended to be used to menace a person or damage property.
Max penalty: $5,500 fine or 2 years imprisonment.
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Car-breaking or house-breaking implements
It is an offence to be in possession of any implement capable of house-breaking or safebreaking, or being used to enter and/or drive a conveyance (eg a car or boat), without
lawful excuse (Crimes Act section 114(1)(b)).
Max penalty: 7 years imprisonment (or, if you have been previously convicted of any
indictable offence, 10 years imprisonment).
Note: the penalties listed here are all maximum penalties, which are rarely
imposed. The court may also impose other penalties such as a good behaviour
bond or a community service order. Some offences (e.g. possession of knives)
can be dealt with by penalty notice (on-the-spot fine).
The Shopfront Youth Legal Centre
Updated September 2010
The Shopfront Youth Legal Centre
356 Victoria St
Darlinghurst NSW 2010
Tel: 02 9322 4808
Fax: 02 9331 3287
www.theshopfront.org
shopfront@theshopfront.org
The Shopfront Youth Legal Centre is a service provided by Herbert Smith Freehills in association
with Mission Australia and The Salvation Army.
This document was last updated in September 2010 and to the best of our knowledge is an
accurate summary of the law in New South Wales at that time.
This document provides a summary only of the subject matter covered, without the assumption of
a duty of care. It should not be relied on as a substitute for legal or other professional advice.
This document may be photocopied and distributed, or forwarded by email, on the condition that
the document is reproduced in its entirety and no fee is charged for its distribution.
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